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Saturday, March 14, 2020

Court vacates sentence in aggravated vehicular homicide case in Wyoming County

The New York Supreme Court, Appellate Division, Fourth Judicial Department on Friday vacated the sentence of Joshua D. Huntress, 31, of Mayville. In January 2018, he was sentenced to 7-15 years in prison for aggravated vehicular homicide and three counts of second-degree assault. At the time, Wyoming County District Attorney Donald O'Geen said Huntress was under the influence of controlled substances when he drove away from a motel in Warsaw, headed to Chautauqua County. Huntress struck two motorcycles, killing Tomasa Martinez, 66, of North Tonawanda and sending three other people to the hospital. The Appellate Court ruled that a Wyoming County Judge  improperly sentenced Huntress as a second felony offender. In a one-page ruling, the Appellate Court said "we therefore modify the judgment by vacating the sentence, and we remit the matter to County Court to resentence defendant." Huntress is currently incarcerated at Green Haven Correction Facility in Dutchess County. You can read the full ruling HERE.